Federal court: Florida woman must amend product liability case against implant maker

By Marian Johns | May 31, 2019

FORT MYERS — A federal court has given a Florida woman leave to amend her product liability case against an implantable blood clot device maker after declaring her allegations fail to show specific violations committed by each defendant. 

According to the May 20, U.S. District Court for the Middle District of Florida Fort Myers Division filing, defendants B Braun Medical Inc. and B Braun Interventional Systems, Inc., asked the court to dismiss Vicki Aguilar, claims of injury due to an implanted filter made by Braun. 

The case stems from Aguilar receiving a VenaTech LP vena cava filter that traps and dispels blood clots as part of her treatment for a pulmonary embolism and deep vein thrombosis. Aguilar filed suit when, nine years after having the filter implanted the device, it was found to have "tiling and perforation."

Braun argues Aguilar's complaint is a "shotgun pleading" that does not show "what conduct is attributable to which defendant." Braun also argues Aguilar's claims do not "describe the defendant's relationship to one another or its corporate structure" and that B. Braun Medical was "not involved in the design, development, manufacture or distribution" of the vena cava filter "at times relevant to plaintiff's claims."

The court agreed with the defendants as Senior U.S. District Judge John Steele stated the court was not able to "discern whether lumping defendants together could make sense in this case" because Aguilar's complaint did not "clearly describe" Braun's corporate structure or the companies' relationships to one another. 

Steele dismissed Aguilar's complaint without prejudice and gave her 14 days to amend her case and refile her complaint.

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